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HomeMy WebLinkAbout2003-08-28MINUTES REGULAR PALM DESERT REDEVELOPMENT AGENCY MEETING THURSDAY, AUGUST 28, 2003 CIVIC CENTER COUNCIL CHAMBER I. CALL TO ORDER - 3:00 P.M. Chairman Benson convened the meeting at 3:03 p.m. II. ROLL CALL Present: Member Buford A. Crites Member Jim Ferguson Member Richard S. Kelly Vice Chairman Robert A. Spiegel Chairman Jean M. Benson — Also Present: Homer Croy, Acting City Manager/Executive Director Stephen P. Deitsch, Assistant City Attorney Justin McCarthy, ACM for Redevelopment Rachelle D. Klassen, City Clerk Amir Hamidzadeh, Director of Building & Safety Phil Drell, Director of Community Development Paul S. Gibson, Director of Finance/City Treasurer Martin Pinon, Director of Human Resources Spencer Knight, Acting Director of Public Works David Yrigoyen, Director of Redevelopment Robert P. Kohn, Director of Special Programs III. ADJOURN TO CLOSED SESSION Reauest for Closed Session: None With Agency Board concurrence, Chairman Benson adjourned the meeting to Closed Session of the City Council at 3:04 p.m. She reconvened the meeting at 4:04 p.m. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 IV. RECONVENE REGULAR MEETING - 4:00 P.M. A. REPORT ON ACTION FROM CLOSED SESSION. None V. AWARDS, PRESENTATIONS, AND APPOINTMENTS A. CONSIDERATION OF THE RESIGNATION OF MEMBER OF THE ENTRADA DEL PASEO STEERING COMMITTEE AND APPOINTMENT OF REPLACEMENT MEMBER. Member Crites moved to, by Minute Motion: 1) Accept with very sincere regret the resignation of Michael Homme from the Entrada del Paseo Steering Committee; 2) appoint Patrick Lilly as member of the Entrada del Paseo Steering Committee to fill the vacancy created by Mr. Homme's resignation. Motion was seconded by Spiegel and carried by a 5-0 vote. VI. CONSENT CALENDAR A. MINUTES of the Regular Meetings of the Redevelopment Agency of July 10, July 24, and August 14, 2003. Rec: Approve as presented. B. CLAIMS AND DEMANDS AGAINST THE AGENCY TREASURY - Warrant Nos. 3RDA, 6RDA, 10RDA, 15RDA, 2ORDA, 23RDA, 27RDA, 31RDA, 36RDA, 38RDA, 42RDA, 45RDA, 4-Housing, 7-Housing, 11-Housing, 13-Housing, 16-Housing, 18-Housing, 21-Housing, 24-Housing, 28-Housing, 32-Housing, 35-Housing, 36-Housing, 39-Housing, 40-Housing, and 46-Housing. Rec: Approve as presented. C. CITY'S/AGENCY'S PORTFOLIO MANAGEMENT SUMMARIES for June 2003 (Joint Consideration with the Palm Desert City Council). Rec: Receive and file. D. LETTER OF RESIGNATION from Aulden Schlatter from the Citizens' Advisory Committee for Project Area No. 4. Rec: Receive with very sincere regret. 2 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 E. REQUEST FOR APPROVAL of Actions Relative to the Palm Village Apartments Site at 73-650 Santa Rosa Way. Rec: By Minute Motion, authorize solicitation of bids for the following at the Palm Village Apartments Site: 1) Demolition of existing block walls (Contract No. R21750); 2) construction of retaining block walls and block walls (Contract No. R21760); 3) importing fill and grading (Contract No. R21770); 4) site development and construction of the Palm Village Apartments, exclusive of carports (Contract No. R21780). F. REQUEST FOR APPROVAL of Change Order No. 6 to Contract No. R19720 — Civil Improvements and Site Infrastructure for the Entrada del Paseo Project. Rec: By Minute Motion: 1) Approve Change Order No. 6 to the subject contract with Dateland Construction, Coachella, California, for a no -cost, 45-calendar day time extension to the original contract; 2) authorize the Chairman to execute same; 3) authorize reduction in retention from 10% to 5%. G. REQUEST FOR APPROVAL of Change Order No. 3 to Contract No. R20960 — Construction of Water Feature at Entrada del Paseo. Rec: By Minute Motion: 1) Approve Change Order No. 3 in the amount of $2,171 to the subject contract with Rock & Waterscape Systems, Inc., Irvine, California, for construction and installation of two camouflaged skimmer lids for the water feature at Entrada del Paseo; 2) authorize the Chairman to execute same; 3) authorize the Director of Finance to transfer $1,778 from contingency to base, and authorize remaining funds necessary from the FY 2003/04 Capital Budget for this project. H. REQUEST FOR RATIFICATION of the Award of Contract for Renovation of the Drainage Piping and Landscaping at Well Site E at the Desert Willow Golf Resort (Contract no. R21230A). Rec: By Minute Motion: 1) Ratify the Executive Director's award of the subject construction contract to Earth Sculptures, Inc., La Quinta, California, in the amount of $47,690.50 ; 2) accept the work as complete and authorize the City Clerk to file a Notice of Completion for the subject project. 3 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 I. REQUEST FOR RATIFICATION of the Rejection of Bid for Improvements to Well Site G at the Desert Willow Golf Resort (Contract No. R21230B). Rec: By Minute Motion, ratify the Executive Director's rejection of the sole bid received from Earth Sculptures, Inc., La Quinta, California, for the subject project. Upon motion by Spiegel, second by Kelly, the Consent Calendar was approved as presented by a 5-0 vote. VII. CONSENT ITEMS HELD OVER None The following is a verbatim transcript of the discussion occurring at the subject meeting for the listed items of business, which were considered jointly at the meeting: VIII. RESOLUTIONS A. RESOLUTION NO. 474 - A RESOLUTION OF THE PALM DESERT REDEVELOPMENT AGENCY, APPROVING A PROGRAM TO DISSEMINATE REDEVELOPMENT INFORMATION AND IMPROVE ACCESS TO PARKING IN THE EL PASEO IMPROVEMENT DISTRICT WITHIN THE "CORE COMMERCIAL AREA" OF PROJECT AREA NO. 1 AS AMENDED. IX. NEW BUSINESS A. REQUEST FOR APPROVAL OF THE EL PASEO COURTESY SHUTTLE (EPCS) PROGRAM, INCLUDING APPROPRIATIONS OF FUNDING AND AUTHORIZATION TO BID AND AWARD. : JMB Jean M. Benson, Chairman of the Agency Board RAM Ruth Ann Moore, Business Support Manager JF Jim Ferguson, Member of the Agency Board RAS Robert A. Spiegel, Vice Chairman of the Agency Board BAC Buford A. Crites, Member of the Agency Board RSK Richard S. Kelly, Member of the Agency Board JMC Justin McCarthy, Assistant City Manager for Redevelopment SPD Stephen P. Deitsch, Assistant City Attorney RDK Rachelle D. Klassen, City Clerk 4 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 JMB Next item is Resolutions. Resolution Number 474, a resolution of the — Palm Desert Redevelopment Agency, approving a program to disseminate redevelopment information and improve access to parking in the El Paseo Improvement District within the core area commercial, core commercial area of Project Area Number 1 as amended. RAM Good afternoon. You have a staff report in front of you. I'm here to answer any questions on the resolution. JF What actions are we contemplating to improve parking and traffic circulation? RAM We are planning on adding a shuttle, courtesy cart program to El Paseo, which would be able to increase that pedestrian, both the pedestrian ability to get up and down the street and to get back and forth from cars and not have to move their cars. JF We have to have a resolution to do that? RAM Yes, according to the attorney, we do. JF Okay. — RAS Are we approving the cost of the... RAM No, we're just... JF We already did. BAC No. That's the next item. RSK (Unclear) JF Oh, we approved the budget; that's right. RSK Well...I have a little difficulty dealing with this without dealing with the next item, and I guess maybe I'm hurt a little. I'm going to bleed a little bit on you. This proposal is going to be for something on El Paseo that I've worked on ever since I've been on the Council --some kind of a transportation up and down. I've gone through deals with El Paseo merchants where they've paid for half of it and hotels paid for half of it. I remember one time I needed $20,000 from the Council, and I couldn't get approval for it to keep a shuttle going on El Paseo. Several times I've asked why we couldn't buy some kind of a nice shuttle, use Redevelopment funds, it seemed to me that that was a Redevelopment Area, and it would be a logical use if we bought something that is, has some pizzazz that would help lift the area up. And those kind of MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 vehicles are expensive, and so it was difficult to justify it with general fund. And I've always been told that we could not use Redevelopment funds to do that, and now, all of a sudden, we can use Redevelopment funds. It just doesn't seem to me that for the last ten years or so I've been told we can't, and now, all of a sudden, we can. And I read the situation and blight, and the description here doesn't describe El Paseo to me very well, but if we can describe El Paseo in such a situation that we can justify Redevelopment funds, then I'm sure we can do a good job with Desert Crossing or some of the rest of them too, and we could finance the rest of the shuttle program the same way. So it leaves me with lots of questions, both how we're funding it, and if we can fund this with that, why can't we fund the rest of the program the same way, and also what are we going to do, it doesn't show me here, what we're going to do with the regular shuttle we have. Are we going to stay on the same route and duplicate the same route that we're going to use the...these, whatever the small conveyances are? It seems to me that this report, and to take some action that there should be a lot more details about what we're going to do, and what we're going to do with the rest of the shuttle program and how we're going to actually operate this. And I suppose for my own benefit, how come we could never use Redevelopment funds before, now, all of a sudden, we can use it. So I've got lots of problems. BAC Madam Mayor, as a...just as a suggestion that we might consider passing this one, which allows Redevelopment, and then continue the next item, which is what we're going to...the purchase and the this and the that with the idea that number one raises a good question, may Redevelopment funds then also be used for the "shuttle component" of that program, or not? And number two, what is the staffs proposal for what this would or would not replace in terms of the use of the existing shuttle, and how would we maximize its use? And I wanted to add a question in there also about what we think is the annual operating cost of this proposal when we get to the next item on the agenda, because that's not in here yet in terms of personnel costs, and what, if anything, that would or would not duplicate from our existing program, or would we modify it, and so on and so forth. And so... RAS Can I add to that? BAC Sure. RAS Currently, we're working with SunLine on the shuttle...(inaudible)...run it. Is the City going to run it? Are they going to run it? Or are we going to get some outside source to run it. There's just an awful lot of questions, and it seems like an awful lot of money if we're going to keep both of them going at the same time. 6 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 BAC And those come to the second of the two items on the agenda. (Unclear)...I said for me, those come to the Item 9-A versus... RAS (Inaudible)... is that the horse before the chicken? BAC Well, you can't do... RSK It's hard to... BAC You can't do... RSK It's hard to not do them together because the purpose of the first one is to do the second one. BAC Right. JF Right. BAC Continue them both then. RSK I...I would feel comfortable if we did the first one and then continued the second one and did a lot more intensive staff report on what the old one cost, — where you're going to put it, what you're going to use it for, and more extensive who's going to operate this, and how you're going to operate it, et cetera, et cetera, because I don't think SunLine is going to want to operate a golf cart deal. You know, they're in the business of public transit with some kind of a transit vehicle that we have regular selected route. So I would be...l would feel a lot more comfortable if we did what Councilman Crites suggested, and that is go ahead and approve the first one, because I've always felt like that it was legitimate, and I couldn't understand why I couldn't do it before. So then we go into more detail before we actually approve the second, the next item. JF Comment. When we approved this figure at budget, and prior to that, Jean and I had been working on a subcommittee with Ruth Ann, and in some cases Justin, and the idea, and I think Councilman Kelly you and I talked about it, the idea was not to come up with a comprehensive program that replaced the shuttle, Shopper Hopper, in its entirety, but to get a couple of vehicles and to experiment with it to see if there's a utility. The bulk of the cost, if you look on page two, is the operation costs --they're $125,000. The golf carts themselves are $45,000, and I believe staff is bringing it to us now so that however we design the program and want to run the program, we could at least have the vehicles constructed and roll them out in this year's Golf Cart Parade. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 RSK Your costs, mainly, is labor. JF Right. RSK So you're going to wind up, it's going to cost, you're not going to run one golf cart any cheaper than you're going to run a shuttle. JF Right. RSK So the costs, if you have two vehicles, is going to be the same, if you run it everyday. I notice in here it's proposed running it five days, even during the season. Well that doesn't seem right to me; if it's good and it's needed, why don't we use it seven days a week? JF Right. We set aside the money, and the vehicles are a very small part of the cost. Our recommendation was going to be to you folks that we contract out for the services for the drivers, that they be trained in conjunction with the Visitors Center so they can provide tourist information about the City, locations of shops and restaurants, so you don't just have a bus driver sitting there, you actually have somebody that's more akin to what you mentioned at Disney World, where you actually have somebody informing the shoppers and making it kind of an entertaining, entertaining maybe not a good word, but an informative trip. And the details of the program are very fluid and can be adapted by us in any fashion that we want, but the lead time on the construction of the golf carts, if we're going to roll it out for the season this year, we basically need to go out to bid for the vehicles. So I'm all for sitting down as a Council and going through how we want to do this and what we want to do with the Shopper Hopper, but I'd at least like to authorize her to solicit bids so that we don't fall behind in the process. RAS Question. Can we charge the salary of the people that run these to the Redevelopment Agency? RAM I would defer that to the Assistant City Manager. JMC Okay, let me speak to that issue. The way we approached, and we would like to also at least give staffs understanding that we actually have two distinct programs. We have the Shopper Hopper, which is, in essence, a larger area transit system. And then we have the El Paseo Shuttle, which really, as our understanding was and what we conveyed to Agency Counsel, is that it was very much a promotional effort for a very localized geography... RSK (inaudible) 8 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 JMC ...within a Redevelopment Project Area. So having said that and approached Agency Counsel with that definition, this was a solution that they authorized and provided. So, in essence, it is our understanding that yes, indeed, the costs in terms of the staffing could also be covered under the Redevelopment Agency as designated within the resolution. Thank you. RSK I'm sure I could make exactly the same case for the rest of the Shopper Hopper. It serves a Redevelopment Area, and it serves the same kind of thing. It's just El Paseo's in District 1, and I think the rest of the commercial area's in District 2, Project Area 2. I don't see...(inaudible)...the difference. I'm positive there's no difference. JF (Inaudible) I'm sorry. Can we...if Ruth Ann goes out and solicits bids, it doesn't obligate us to anything --she just gets quotes from people who are going to build this, and we have additional time... BAC Point of order. First time I've done that. Item A under Resolutions is about establishing the fact that Redevelopment can do that. Everything we're talking about is not that item but the next item. If it's appropriate with my colleagues, I would move that we approve Item A under Resolutions, which approves a program to disseminate information and access to parking...da- da, da-da, da-da, and then go to the next item for discussion. RSK I purposely prefaced my remarks in the very beginning... JF Right. RSK ...that it was difficult for me to deal with that first item without dealing with the second item. BAC Okay. RSK And it's still difficult for me to do. And so I understand that your point of order is correct. On the other hand, I can't handle it. BAC All right. I withdraw the point. JF I'll go back to my proposal then. If we're inclined to do this, might we consider authorizing Ruth Ann to go out to bid so that we don't lose any time on the equipment purchase part of it? We aren't obligated to anything until we accept the bids and award a contract, but we don't lose time. And then take that two weeks to get Agency Counsel to take a look at the Shopper Hopper again and get a formalized, fully comprehensive staff recommendation on how it's going to run, who's going to do it, what it's going 9 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 to cost, and all the information that you've been suggesting that we have tonight. RSK I'm inclined to agree that if we just decided to do that, get the bids and nothing else, and also see what one looks like. We're asking somebody to come up with something special for us so we can do something special, and hopefully, they're in the business, they can do some kind of designs and develop something that we would have no idea what's out there. So if it were just a matter of getting some bids and some proposals and what they look like, and you've been dealing with somebody, but there may be other people out there that could --there's flocks of them calling all the time wanting to do that kind of thing --then that would make more sense to me, and we'd at least get something on the track. And maybe we could...maybe staff might come up with a better answer for me; maybe they don't care, and so be it. JF I think they care. RSK But I need another answer if I'm going to deal with it. JMB Well don't we need to deal with Item A, though, first? RSK We don't need to deal with it yet. JF Well my suggestion would be, like we did with the landscape districts an hour ago, take them both up at the same time, recommend adopting the resolution and authorizing Ruth Ann to go out to bid only at this point, and continue the balance of the second item until the first meeting in September where we can get some more information. But this way we don't lose time, we can still make the Golf Cart Parade opening, if that's what we want to do. RSK We could go out for the bid, though, without approving this resolution. JF Right. BAC I would move that we authorize staff to do Item 3 under the recommendations on New Business Item A, is the authorizing the design/build solicitation for vehicles... RAS Second. BAC ...and that we hold the remainder of both Item, Resolution A and New Business A for two weeks, with appropriate information requested by Councilmembers. 10 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 RAM If I may add to that, if we can also go out to bid --only bid, not award --but for — the operation also, then we will have even a better number for you... JF And you'll have actual costs? RAM ...of those actual costs. BAC With no objection to the seconder, I would include that in the motion. RAS Second. RSK So basically, we're going to go out to bid, to see what's out there and at the same time find out if there's somebody out there and what kind of level they're talking about operation... JF And have the whole thing come back as a package. RSK ...we're going to deal with this. RAM We'll have to bring this back to the last meeting because of the way we must post for bids and how long we have to have them open for, we cannot make the September 11`h meeting, so we'll have to go to... JF We also have some issues that may cause us to meet more frequently... RAM Oh. JF ...than our normal schedule. RAM Okay. JF So whenever it's appropriate to bring it back... RAM Okay. JF ...bring it back. SPD Chairperson, I've heard a motion regarding sub -item 3 and 4 of 9-A, but not 5. Is there any need to go out to bid on Item 5? The construction... RAS The storage area. SPD ...of the storage area. JMB No. That's... 11 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 BAC That surely... RAS Two, three, and four, five will be... JF And we can store them at the City. RAS (Unclear) RAM We could...we can store them if we need to. We'II find a place to store them as we start the operation, but we don't need to go out at this particular time. RDK Motion carries by unanimous vote. SPD Does the Board wish to take action on Item 8-A, if only to move to defer it until that next meeting? RAS So moved. BAC We actually, I believe, did. SPD Was that part of the motion? BAC That was part of it. JF We took them both up at the same time. BAC Yes. SPD I'm sorry. Thank you. For purposes of clarification, the following action was taken: Member Crites moved to, by Minute Motion: 1) Authorize the Design/Build Solicitation for the El Paseo Courtesy Shuttle vehicles (Contract No. R21790); 2) authorize advertising and calling for bids to operate the new vehicles (Contract No. R21800); 3) continue consideration of: a) Resolution No. 474; b) the El Paseo Courtesy Shuttle Program; c) appropriation of funds for same; d) authorization to go out to bid for the storage facility for the vehicles (Contract No. R21810), all to such time as staff has the information requested by the Agency Board for deliberation regarding implementation of the El Paseo Courtesy Shuttle, or no later than meeting of September 25, 2003. Motion was seconded by Vice Chairman Spiegel and carried by 5-0 vote. 12 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 — B. REQUEST FOR DIRECTION RELATIVE TO COMMENCEMENT OF THE NEW VISITORS INFORMATION CENTER PROJECT. Vice Chairman Spiegel moved to, by Minute Motion, authorize delaying commencement of construction of the new Visitors Information Center project until May 2004. Motion was seconded by Kelly. Member Crites noted that one of the issues that had come before the Entrada Committee was that the garden area had been shrinking remarkably quickly, and over half an acre of it had been lost because of additions in right - turn lanes, etc. He expressed concern with this project getting increasingly crowded and ending up like every other commercial project along Highway 111. He added that the Committee would be looking at what can be done to keep the original vision of the project, including open space. Member Ferguson agreed and said he felt the City's primary purpose for acquiring that property was open space. Chairman Benson called for the vote. The motion carried by a 5-0 vote. C. REQUEST FOR ADOPTION OF FINDINGS BY THE CITIZENS' ADVISORY -- COMMITTEE FOR PROJECT AREA NO. 4 AND ADOPTION OF FUNDING PRIORITIES AS APPROVED BY THE COMMITTEE ON MAY 19, 2003. Member Crites moved to, by Minute Motion, adopt the findings of the Citizens' Advisory Committee for Project Area No. 4, treating California Avenue as a main arterial, and adopt the funding priorities also as approved by the Committee at its May 19, 2003, Meeting. Motion was seconded by Spiegel and carried by a 5-0 vote. X. CONTINUED BUSINESS None XI. OLD BUSINESS None XII. PUBLIC HEARINGS A. REQUEST FOR APPROVAL OF THE SALE OF PROPERTY LOCATED AT 43-860 BLUEBERRY LANE (APN 634-061-039). Senior Management Analyst Janet Moore reviewed the staff report and offered to answer any questions. MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 Vice Chairman Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, she declared the public hearing closed. Vice Chairman Spiegel moved to waive further reading and adopt Resolution No. 475, approving the sale of the subject property as outlined above and pursuant to the accompanying Purchase and Sale Agreement. Motion was seconded by Kelly and carried by a 5-0 vote. B. REQUEST FOR APPROVAL OF THE SALE OF PROPERTY LOCATED AT 43-905 BLUEBERRY LANE (APN 634-062-033). Ms. Moore reviewed the staff report and offered to answer any questions. Vice Chairman Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, she declared the public hearing closed. Vice Chairman Spiegel moved to waive further reading and adopt Resolution No. 476, approving the sale of the subject property as outlined above and pursuant to the accompanying Purchase and Sale Agreement. Motion was seconded by Kelly and carried by a 5-0 vote. C. REQUEST FOR APPROVAL OF THE SALE OF PROPERTY LOCATED AT 43-715 KELSEY COURT (APN 634-241-036). Ms. Moore reviewed the staff report and offered to answer any questions. Vice Chairman Benson declared the public hearing open and invited testimony in FAVOR of or in OPPOSITION to this request. With no testimony offered, she declared the public hearing closed. Vice Chairman Spiegel moved to waive further reading and adopt Resolution No. 477, approving the sale of the subject property as outlined above and pursuant to the accompanying Purchase and Sale Agreement. Motion was seconded by Kelly and carried by a 5-0 vote. XIII. REPORTS, REMARKS, AND AGENCY BOARD ITEMS REQUIRING ACTION A. EXECUTIVE DIRECTOR None 14 MINUTES PALM DESERT REDEVELOPMENT AGENCY MEETING AUGUST 28, 2003 B. AGENCY COUNSEL None C. CHAIRMAN AND MEMBERS OF THE AGENCY None XIV. ORAL COMMUNICATIONS - C None XV. ADJOURNMENT Vice Chairman Spiegel moved to adjourn the meeting at 5:47 p.m. Motion was seconded by Crites and carried by a 5-0 vote. 12-e-/--v-/A ,;.1)-14,/-e------- N M. BENSON, CHAIRMAN ATTEST: HELLS D. KLASSE 1 , SECRETAR PALM DESERT REDEVELOPMENT AGENCY